Moral-Salazar v. Holder, No. 12-1353 (7th Cir. 2013)
Annotate this CaseMoral, a citizen of Ecuador, was admitted to the U.S. in 1988 as an immigrant. The U.S. Department of Homeland Security began removal proceedings in 2011 because of his multiple criminal convictions, including unlawful use of a weapon and sexual abuse of a minor. The Immigration Judge granted five continuances, four of which allowed Moral to pursue state-court post-conviction proceedings seeking to set aside his guilty plea for sexual abuse of a minor occurring in 2002. After the state criminal court dismissed his petition, the IJ denied his request for another continuance and ordered removal. The BIA denied an appeal. The Seventh Circuit dismissed an appeal for lack of jurisdiction under the Immigration and Nationality Act, 8 U.S.C. 1252(a)(2)(C). The court reasoned that the provision, which is phrased more broadly than subsection (B), applies to denial of a continuance.
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